Republic v Hillary Nyatodo Oyugi [2017] KEHC 7241 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO 20 OF 2016

REPUBLIC…………………..….PROSECUTOR

VERSUS

HILLARY NYATODO OYUGI………..ACCUSED

R U L I N G

1. The Accused herein, Hillary Nyatodo Oyugi, is charged with murder contrary to sction 203 as read with section 204 of the Penal Code.  It is alleged in the information dated 14/09/2016 that on 02/11/2014 in Ngaturi Town within Murang’a County he murdered one Julius Karanja Mwangi.

2.  On 25/11/2016 the Accused pleaded not guilty to the charge.  His trial is scheduled to commence on 26/09/2017.  He has in the meantime applied to be admitted to bail by notice of motion dated 09/11/2016.  The Republic does not oppose the application and has not filed any replying affidavit.

3. Bail pending trial is now a constitutional right that will be denied only for compelling reason.  Any condition that the court may impose for such bail, again by constitutional edict, must be reasonable.  See Article 49 (1) (h) of the Constitution of Kenya, 2010.

4.  I have perused the witness statements and other documents supplied to the Accused person and to the court by the prosecution.  I do not find any compelling reason to deny the Accused bail.

5.  I will in the event allow the application and admit the Accused to bail pending his trial.  He shall be released upon his own cognizance in the sum of KShs 300,000/00 plus one surety in like sum.  It is so ordered.

DATED AND SIGNED AT MURANG’A THIS 9TH DAY OF MARCH 2017

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 10TH DAY OF MARCH 2017